Bangladesh is a party to some international legal instruments including the International Covenant on Civil and Political Rights (ICCPR). ‘Freedom of expression’ is a right that is guaranteed under this instrument (ICCPR). Freedom of expression is an enabling right that is interrelated to the enjoyment of other rights, namely, freedoms of assembly, association etc. Indeed, the people of Bangladesh were far away from the enjoyment of these rights during the tenure of the immediate past government. What are the expectations the people may have from the present and future governments of Bangladesh?
Before the departure, the immediate past government had restricted people’s freedom of expression by shutting down the internet in Bangladesh forgetting their obligations under the ICCPR. Against the internet shutdown in Bangladesh, some famous international human rights organisations including Access Now issued a joint statement on 19 July 2024. According to this joint statement “We, the undersigned organisations, and members of the #KeepItOn coalition – a global network of over 300 civil society organisations from 105 countries worldwide working to end internet shutdowns – appeal to you to publicly commit and ensure that the people in Bangladesh have unfettered access to the internet, social media platforms, and other communication channels, to respect people’s rights enshrined in Bangladesh’s Constitution and the country’s international commitments, during the ongoing student protests throughout the country. Since early July 2024, student demonstrations across the country, demanding reform to the quota system that reserves more than 50 per cent of civil service employment for quota holders, following a verdict of the High Court Division of the Supreme Court of Bangladesh, have been met with hostility and violence. Amid these protests, people in Bangladesh are suffering a nationwide internet shutdown since the evening of July 18, 2024. Access to mobile internet was temporarily restricted across the country, and access to social media platforms was blocked in certain areas this past week. Since 2018, access to the internet has been throttled and social media and messaging applications blocked several times in Bangladesh, without either the government or telecommunication operators offering any explanation. For instance, in 2018, mobile internet was slowed down nationally during the protest over road safety. Between 2019 and 2023, multiple instances of internet disruptions have also been recorded in Bangladesh during protests and opposition rallies. Disrupting access to the internet and mobile applications – either by throttling internet bandwidth or imposing complete or partial shutdowns – is costly and harmful to communities and businesses, and violates fundamental freedoms of expression and access to information under Article-39(2) of the Constitution of Bangladesh. While shutdowns can never be justified as proportionate, we are concerned that internet shutdowns do not meet the legality criteria set out in Bangladesh’s Constitution, as the telecom regulator or other government agencies are not explicitly authorised under the Bangladesh Telecommunication Regulation Act, 2001 and other applicable laws to issue shutdown orders. Often, such measures are taken without judicial orders or clear, properly reasoned, and publicly available explanations that satisfy the constitutional grounds of the restriction, making this practice unlawful and obfuscating people’s ability to seek legal remedy. Specifically, this fundamental right extends to protests against government policies, as recognised by the Supreme Court of Bangladesh in several landmark decisions, including State v. Manabjamin 57 DLR (2005) 359, Md. Riaz Uddin Khan v. Mahmudur Rahman 2011 (19) BLT (AD) 54, and Abul Kalam Azad v. David Bergman 5 CLR (2017) (HCD). Bangladesh acceded to the International Covenant on Civil and Political Rights (ICCPR) in 2000. Under Article-19 of the international treaty, the country has an obligation to safeguard people’s rights to form and express opinions freely through any media of their choice. This fundamental freedom also enables political engagement through freedoms of assembly, association, and participation in public affairs and elections under Articles 21, 22, and 25 of the ICCPR. Moreover, the international community also widely condemns shutdowns, as indicated by United Nations Human Rights Council Resolution 47/16, which calls upon national governments to ensure “all domestic laws, policies, and practices are consistent with their international human rights obligations with regard to freedom of opinion and expression, and of association and peaceful assembly, online.” Internet shutdowns are a disproportionate measure and ineffective at quelling violence, and are likely to have the opposite effect, as they reduce people’s agency to counteract misinformation. People continue to receive information over other mediums, and shutdowns disallow debunking false information by verified sources that can reach more people. The authorities’ response to the current student movement must follow a balanced, non-violent, and rights-respecting approach that enables the free flow of information. Cutting down access to vital information and communication platforms has wider short and long-term implications. We, therefore, appeal to the Government of Bangladesh to keep the internet and associated communication services uninterrupted during the current and future protests. Specifically, we ask that: The government and its agencies commit to the unrestricted access and use of the internet and associated services; in the event of disruption of access, the government and its agencies ensure full transparency and accountability, including through properly reasoned explanation in writing, in a timely manner that enables the people in Bangladesh to seek effective remedy; and in the event of disruption of access, the telecommunication and internet service providers, and other impacted platforms, provide full transparency, prior notification and properly reasoned explanation to their users. Government agencies have a duty to ensure that people can access open, secure, and unrestricted internet when they need it the most. We urge authorities in Bangladesh to #KeepItOn during the ongoing student protests. We are available to you and your office to discuss this matter further and provide support in navigating away from internet shutdowns toward more rights-respecting alternatives.”
I would like to mention that I have been an Independent Expert Member of the “Global Network Initiative” since 2023. On 13 August 2024, the ‘Global Network Initiative’ issued a statement against the internet shutdown activities of the immediate past government of Bangladesh.
According to this statement “The Global Network Initiative (GNI), a global multistakeholder organisation focused on freedom of expression and privacy in the technology sector, welcomes the interim government’s early commitments to prioritise human rights and supports efforts to make them a foundation of its digital ecosystem and policies in line with the United Nations Guiding Principles (UNGPs), as well as other international best practices on human rights. We join the chorus of Bangladesh citizens, international organisations, and other actors in expressing deep concern about the widespread and long-standing repression and violence that has been perpetrated against human rights defenders, journalists, minority communities and student protesters in Bangladesh, especially since early July 2024. Amid growing accounts of horrific violence and targeting of journalists and media houses, GNI condemns the former government’s decision to restrict access to information by blocking connectivity without judicial orders, or clear, properly reasoned, and publicly available explanations that satisfy the legal and constitutional conditions for such restriction. Freedom of expression, privacy, and freedom of association and assembly are all protected under the International Covenant for Civil and Political Rights, which Bangladesh has ratified, as well as Bangladesh’s Constitution. As GNI has consistently pointed out in our statements and resources related to network disruptions, disrupting access to the internet and mobile applications is costly and has disproportionate impacts. The recent shutdown in Bangladesh has cost at least US$10 billion in loss, according to the country’s digital e-commerce sector. The consequences are far-reaching. Financial services were crippled, with ATMs going offline and people unable to access their money. In addition, healthcare was severely disrupted, as blood bank communication systems collapsed, hindering vital services. These impacts are often extenuated in the context of periods of protest and instability, as they can impact individuals’ ability to keep themselves safe and access emergency services. We support the new Post, Information and Communications Technology Adviser’s decision to investigate the former government’s internet shutdowns that took place between July and August, looking for legislative changes that restrict illegal shutdowns in the future. We also welcome the interim government’s commitment to prioritise an inclusive process, and appeal to uphold the rights to freedom of expression, privacy, association and peaceful assembly. We strongly support efforts to: Ensure uninterrupted access to all telecommunication and internet services at all times; Investigate and ensure transparency and accountability for any past or potential future internet or telecommunications restrictions; Safeguard human rights online, in line with international human rights framework; Foster transparent and participatory efforts to ensure that no extra-legal internet or telecommunications restrictions occur going forward. GNI remains eager to engage with the interim government to ensure protection for people’s fundamental freedoms and digital rights under international best practices and principles.”
The people of Bangladesh are in the expectation that the present and future governments will bring legislative, judicial and administrative measures in line with their international obligations.